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1. The Defendant shall pay to the Plaintiff KRW 49,217,710 as well as 12% per annum from June 1, 2019 to the date of complete payment.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition: (a) the Plaintiff entered into a continuous oil supply contract with the Defendant from September 2018 to December 2, 2018, supplied the Defendant with an amount equivalent to KRW 99,966,210 (hereinafter “instant oil”); (b) the Plaintiff thereafter requested the Defendant to pay the price for the instant oil over several occasions until May 13, 2019; or (c) the Plaintiff may be recognized by adding the entire purport of the pleadings to each of the items in the evidence Nos. 1 and 3.
On the other hand, until May 13, 2019, the Plaintiff was paid 50,748,500 won as the price for the instant oil from the Defendant (hereinafter “instant payment”).
B. Determination A.
In full view of the facts of the claim, the defendant, barring any special circumstances, did not claim that the plaintiff had agreed to pay the oil of this case for a reasonable period of time after the defendant continuously supplied the oil of this case to the defendant for the payment of the price of this case, and that the defendant did not pay the price of this case for the payment of the oil of this case within the fixed period of time. Thus, it is reasonable to view that the defendant is liable for delay of payment from the date of receiving a claim for payment of the price of this case since the date following the date when the defendant received a claim from the plaintiff for payment of the price of the oil of this case.
As requested by the Plaintiff, 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be calculated from June 1, 2019 to the day of full payment after the delivery date of the original copy of the instant payment order.